Drugs
Virginia marijuana defense – Legislative efforts fail (and later win) to exempt marijuana 251’s from mandatory license suspension
Even though a Virginia 251 disposition (enabling dismissal of a first-time drug possession case after successful probation completion) can be a Trojan Horse, a 251 ordinarily is preferable to a conviction. Recently, the Virginia House of Delegates and Senate made efforts to convert mandatory...
Virginia criminal defense- Determining retroactivity of SCOTUS rulings for appellants & habeas litigants
Every once in awhile, the United States Supreme Court issues a great decision for criminal defendants. For instance, in March 2013, the Supreme Court ruled 5-4 that police need probable cause to believe the existence of relevant criminal activity before taking a drug-sniffing dog to...
The politics of grouping pot, Adderall & LSD with PCP and fentanyl
The drug war is bankrupt. Federal, state and local governments have poured billions of dollars into the drug wars for over five decades, with little more to show for it than America's failed trillion dollar years-long war in Vietnam. Sun Tzu wisely advised against long...
Virginia Criminal & DWI defense tips and reminders on Super Bowl Sunday
Super Bowl Sunday is a time of high energy, merrymaking, drinking beer and other alcohol, chowing down, cheering when one's team wins, and regretting when one's team loses. Getting tipsy on alcohol can be fun, at least when it does not unleash one's demons and...
Virginia criminal & drug defense – Limits on challenging hotel room searches
Behind the seemingly innocent exteriors of plenty of hotels lie illegal drug possession and illegal drug transactions. Unless the hotel is knowingly receiving payola for such activity, the hotel can be expected to seek police intervention to stop the activity. Abdul Lateef Salahuddin learned that...
National Academy of Sciences releases lengthy report on “Health Effects of Cannabis and Cannabinoids”
On January 12, 2017, the National Academy of Sciences released its lengthy report on "Health Effects of Cannabis and Cannabinoids." The report is too lengthy for me to have reviewed yet. A cursory check seems to show the report's recognizing potential medical benefits of cannabis/marijuana,...
Criminal case negotiations – Precision is essential
Settlement negotiations are an essential part of most criminal defense work, whether the negotiations seek an outright dismissal, continuance for possible dismissal with or without dismissal conditions, or any other number of resolutions right up to convictions involving amended or dropped charges and/or agreements as...
Virginia Marijuana Defense – Hashish oil possession as a felony versus marijuana possession as a misdemeanor
In Virginia, marijuana possession is a misdemeanor but hashish oil possession is a felony. How is that possible, when hashish oil comes from marijuana and when the Virginia Code does not define hashish oil?
DEA says Marijuana Extract & CBD are Schedule I Drugs – Virginia law on CBD and THC-A oil
After all the dizzying strides that the marijuana industry has made in Colorado and other states where marijuana has become lawful, and continued efforts to legalize domestic hemp production, the Trump administration's marijuana policies may make federal litigation all the more necessary and extensive to...
A one year maximum jail penalty applies to Virginia misdemeanors that list no jail penalty
In Virginia, if a criminal misdemeanor statute lists no possible jail time, then the offense actually is a Class 1 misdemeanor, carrying up to one year in jail and a fine of up to $2,500. Va. Code § 18.2-12.
